Texas Real Estate License Act Violations

Section 15 of Article 6573a, entitled "The Real Estate License Act," provides a long list of violations for which real estate brokers or real estate sales people may have their license suspended or revoked. TEX. REV. CIV. STAT. ANN. art. 6573a, 15 (Vernon Supp. 2000). This is the section in which the provision appears requiring a definite termination date. There is nothing in this section that in any way voids the document. Furthermore, the Commission has a choice of whether to suspend or revoke the license of the person involved, or the Commission can reprimand or place the violating party on probation. In Section 15(a)(9)(b), the law provides that, "the provisions of this section [referring to Section 15] do not relieve a person from civil liability or from criminal prosecution under this Act or under the laws of this state." TEX. REV. CIV. STAT. ANN. art. 6573a, 15(a)(9)(b). Beyond that, nothing is said about the civil liability for violations of the Act. Thus, a violation of Section 15 does not automatically void a listing contract, but rather subjects the real estate broker or salesperson to sanctions involving his or her real estate license. Nothing in this section indicates otherwise, and no precedent decided by any court indicates otherwise. A person may not bring or maintain an action for the collection of compensation for the performance in this state of an act set forth in Section 2 of this Act without alleging and proving that the person performing the brokerage services was a duly licensed real estate broker or salesperson at the time the alleged services were commenced, or was a duly licensed attorney at law in this state or in any other state. TEX. REV. CIV. STAT. ANN. art. 6573a, 20(a). An action may not be brought in a court in this state for the recovery of a commission for the sale or purchase of real estate unless the promise or agreement on which the action is brought, or some memorandum thereof, is in writing and signed by the party to be charged or signed by a person lawfully authorized by the party to sign it. TEX. REV. CIV. STAT. ANN. art. 6573a, 20(b).